Australian Capital Territory Consolidated Acts

DOOR-TO-DOOR TRADING ACT 1991 - NOTES

Note 1     The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act, dict, pt 1, defines the following terms:

              •     Minister (see s 162)

              •     person.

"business" includes a trade or profession.

"consumer"—see section 3.

"contract to which this Act applies" means a contract to which this Act applies under section 4.

"cooling-off period", in relation to a prescribed contract, means––

        (a)     if the contract is negotiated by telephone––the period of 10 days beginning on the day the copy of the contract is received by the consumer; or

        (b)     in any other case––the period of 10 days beginning on the day the contract is made.

Note     The Evidence Act 1995 (Cwlth), s 160 provides a rebuttable presumption that a postal article sent by prepaid post addressed to a person at an address in Australia or an external territory was received on the 4th working day after posting.

"credit" includes any form of financial accommodation.

"dealer" means a person who, in the course of door-to-door trading—

        (a)     enters into negotiations with another person with a view to the making of a contract for the supply of goods or services to that person; or

        (b)     calls on another person for the purpose of entering into such negotiations;

whether or not that person is or is to be the supplier of the goods or services.

"door-to-door trading" means the trading practice under which—

        (a)     a person—

              (i)     goes from place to place; or

              (ii)     makes telephone calls;

seeking out persons who may be prepared to enter, as consumers, into contracts for the supply of goods or services; and

        (b)     that person or some other person then or subsequently enters into negotiations with those prospective consumers with a view to the making of the contracts.

"goods" includes anything grown on, or attached to, land that is severable from the land.

"negotiation"—

        (a)     includes any discussion or dealing directed towards the making of a contract (whether or not the terms of the contract are open to negotiation); and

        (b)     of a contract to which this Act applies, includes a negotiation of a contract that would, on its making, be a contract to which this Act applies.

"prescribed contract"—see section 6.

"public holiday" does not include a bank holiday.

"related contract or instrument", in relation to a contract to which this Act applies, means—

        (a)     a contract of guarantee or indemnity that is related to the contract; or

        (b)     an instrument related to the contract that creates a mortgage or charge in favour of the supplier or dealer, or a person nominated by the supplier or dealer; or

        (c)     any other contract or instrument (other than an instrument of the kind referred to in paragraph (b)) that is collateral or related to the contract.

"rescission", in relation to a contract, means avoidance of the contract as from its beginning.

"services" includes rights or benefits of any kind except the supply of goods.

"supplier"—see section 3.

"supply"—

        (a)     in relation to goods—includes the giving of a right to goods or a right to the possession or use of goods; and

        (b)     in relation to services—includes the giving of a right to services; and

        (c)     of goods or services—includes the supply of both goods and services.

"trade premises", in relation to a supplier, means premises that constitute an established place of business of the supplier, or an agent of the supplier.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

3     Legislation history

Door-to-Door Trading Act 1991 No 7

notified 5 March 1991 (Gaz 1991 No S9)

s 1, s 2 commenced 5 March 1991 (s 2 (1))

remainder commenced 1 July 1991 (s 2 (2) and Gaz 1991 No S59)

as amended by

Consumer Credit (Consequential Provisions) Act 1995 No 19 s 4

notified 5 September 1995 (Gaz 1995 No S212)

s 1, s 2 commenced 5 September 1995 (s 2 (1))

s 4 commenced 1 November 1996 (s 2 (2) and see Gaz 1996 No S273)

Legislation (Consequential Amendments) Act 2001 No 44 pt 110

notified 26 July 2001 (Gaz 2001 No 30)

s 1, s 2 commenced 26 July 2001 (IA s 10B)

pt 110 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.9

notified LR 26 March 2004

s 1, s 2 commenced 26 March 2004 (LA s 75 (1))

sch 1 pt 1.9 commenced 9 April 2004 (s 2 (1))

Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.31

notified LR 22 March 2007

s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))

sch 3 pt 3.31 commenced 12 April 2007 (s 2 (1))

Regulatory Services Legislation Amendment Act 2008 A2008-5 pt 5 (as am by A2008-29 amdt 1.33, A2009-19 pt 13)
notified LR 15 April 2008
s 1, s 2 commenced 15 April 2008 (LA s 75 (1))
pt 5 commenced 15 October 2009 (s 2 as am by A2008-29 amdt 1.33)

Justice and Community Safety Legislation Amendment Act 2008 (No 3) A2008-29 amdt 1.33

notified LR 13 August 2008

s 1, s 2 commenced 13 August 2008 (LA s 75 (1))

amdt 1.33 commenced 27 August 2008 (s 2)

Note     This Act only amends the Regulatory Services Legislation Amendment Act 2008 A2008-5.

Justice and Community Safety Legislation Amendment Act 2009 (No 2) A2009-19 pt 6, pt 13

notified LR 1 September 2009

s 1, s 2 commenced 1 September 2009 (LA s 75 (1))

pt 6 commenced 29 September 2009 (s 2)

pt 13 commenced 15 October 2009 (LA s 79A and see A2008-5)

Note     This Act also amends the Regulatory Services Legislation Amendment Act 2008 A2008-5.

4     Amendment history

Name of Act
s 1     sub A2007-3 amdt 3.163

Dictionary
s 2     om 2001 No 44 amdt 1.1176
    ins A2007-3 amdt 3.169

Notes
s 2A     ins A2007-3 amdt 3.169

Meaning of consumer and supplier
s 3     defs reloc to dict A2007-3 amdt 3.168
    sub A2007-3 amdt 3.169
    def negotiation om A2007-3 amdt 3.165
    def supply om A2007-3 amdt 3.167

Contract for supply of goods or services to party to contract
s 3A     ins A2007-3 amdt 3.169

Contracts generally
div 2.1 hdg     (prev pt 2 div 1 hdg) renum R2 LA

Contracts to which Act applies
s 4     am A2009-19 s 14; A2008-5 s 26 (as am by A2009-19 s 62); A2008-5 s 27

Prescribed contracts
div 2.2 hdg     (prev pt 2 div 2 hdg) renum R2 LA

Requirements in relation to prescribed contracts
s 7     am 2001 No 44 amdts 1.1177-1.1179; pars renum R2 LA; A2009-19 ss 15-18; ss and pars renum R6 LA; A2008-5 s 28

Cooling-off period—acceptance of consideration, supply of services
s 8     am A2009-19 s 19, s 20; ss renum R6 LA

Duties of dealers
s 10     am A2009-19 s 21, s 22; ss renum R6 LA

Rescission—right of consumer
s 12     am A2008-5 s 29

Exercise of right of rescission
s 13     am 2001 No 44 amdt 1.1180

Restitution
s 14     am A2009-19 s 23

Related contracts or instruments
s 15     am 1995 No 19 s 4

Acts and omissions of representatives
s 18     sub A2004-15 amdt 1.10

Criminal liability of executive officers
s 18A     ins A2004-15 amdt 1.10

Criminal liability of people deriving financial benefit
s 18B     ins A2004-15 amdt 1.10

Approved forms
s 20     sub 2001 No 44 amdt 1.1181
    (4)-(7) exp 12 September 2002 (s 20 (7))
    am A2007-3 amdt 3.170

Regulation-making power
s 21     sub 2001 No 44 amdt 1.1181

Dictionary
dict     ins A2007-3 amdt 3.171
    def business reloc from s 3 A2007-3 amdt 3.168
    def consumer sub A2007-3 amdt 3.164
    reloc from s 3 A2007-3 amdt 3.168
    def contract to which this Act applies reloc from s 3
A2007-3 amdt 3.168
    def cooling-off period reloc from s 3 A2007-3 amdt 3.168
    sub A2008-5 s 30
    def credit reloc from s 3 A2007-3 amdt 3.168
    def dealer reloc from s 3 A2007-3 amdt 3.168
    def door-to-door trading reloc from s 3 A2007-3 amdt 3.168
    def goods reloc from s 3 A2007-3 amdt 3.168
    def negotiation am A2008-5 s 31
    def prescribed contract reloc from s 3 A2007-3 amdt 3.168
    def public holiday reloc from s 3 A2007-3 amdt 3.168
    def related contract or instrument reloc from s 3 A2007-3 amdt 3.168
    def rescission reloc from s 3 A2007-3 amdt 3.168
    def services reloc from s 3 A2007-3 amdt 3.168
    def supplier sub A2007-3 amdt 3.166
    reloc from s 3 A2007-3 amdt 3.168
    def trade premises reloc from s 3 A2007-3 amdt 3.168

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 1995 No 19	1 March 1999
2	Act 2001 No 44	11 April 2002
3	A2001-44	13 September 2001
4	A2004-15	9 April 2004
5	A2007-3	12 April 2007
6	A2009-19	29 September 2009

© Australian Capital Territory 2009

Australian Capital Territory

A1991-7

Republication No 7

Effective: 15 October 2009

Republication date: 15 October 2009

Last amendment made by A2009-19
(republication for amendments by A2008-5
as amended by A2008-29 and A2009-19)






Unauthorised version prepared by ACT Parliamentary Counsel's Office

About this republication

The republished law

This is a republication of the Door-to-Door Trading Act 1991

(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 15 October 2009

. It also includes any amendment, repeal or expiry affecting the republished law to 15 October 2009

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):

              • authorised republications to which the Legislation Act 2001 applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a) if the person charged is an individual—$100; or

(b) if the person charged is a corporation—$500.

Australian Capital Territory

Door-to-Door Trading Act 1991

Endnotes

Australian Capital Territory

Door-to-Door Trading Act 1991